§ 1 Validity, Definitions
(1) Ivette Winges, Bahnhofstr. 105, 99330 Geratal, Germany (hereinafter: "we" or "PIXOprint.de") operates an online shop for goods under the website https://pixoprint.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: "Customer" or "You") in their valid version at the time of order, unless explicitly agreed otherwise.
(2) "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. "Entrepreneur" is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction, whereby a legal partnership is a partnership with the capacity to acquire rights and incur liabilities.
§ 2 Formation of Contracts, Storage of Contract Text
(1) The following regulations on contract formation apply to orders via our online shop at https://pixoprint.de.
(2) Our product descriptions on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is made in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g., "Add to cart", "Add to shopping bag" or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking the corresponding button (e.g., "Proceed to checkout", "Proceed to payment", "View order overview" or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and the revocation policy,
- If the agreed quality of the goods deviates from their usual quality and intended use, confirming a negative quality agreement,
- Completing the order by clicking the "Buy now" button. This constitutes your binding order.
- The contract is concluded when you receive a confirmation of order from us at the specified email address within three working days.
(4) In the event of contract conclusion, the contract is made with Ivette Winges, Bahnhofstr. 105, 99330 Geratal, Germany.
(5) Before ordering, the contract data can be printed or electronically saved using the browser's print function. The processing of the order and transmission of all information necessary in connection with the conclusion of the contract, in particular the order data, the terms and conditions, and the revocation policy, is carried out by email after you initiate the order, partly automatically. We do not store the contract text after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser's "Back" button). You can also correct errors by prematurely canceling the ordering process, closing the browser window, and repeating the process.
(7) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is partly automated via email. Therefore, you must ensure that the email address you have provided us is correct, that email reception is technically guaranteed, and in particular not prevented by spam filters.
§ 3 Subject of the Contract and Essential Features of the Products
(1) The subject of the contract in our online shop is:
- The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential features of the goods are described in the product description. If the agreed quality of the goods deviates from their usual quality and intended use, this is explicitly indicated in the product description (negative quality agreement). If the customer has given explicit consent to the deviation in quality, this defines the subject of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before the delivery of the product (prepayment), unless we explicitly offer purchase on account. The payment methods available to you are indicated under a corresponding button in the online shop or in the respective offer. Unless otherwise specified for individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free shipping. The shipping costs will be shown to you in the offers, if applicable. 1. clearly communicated in the shopping cart system and again on the order overview.
2. (4) All offered products are, unless explicitly stated otherwise in the product description, ready for shipment immediately (delivery time: 14 days after receipt of payment).
3. (5) The following delivery area restrictions apply: deliveries are made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
4. § 5 Right of retention, retention of title
5. (1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
6. (2) The goods remain our property until full payment of the purchase price.
7. § 6 Right of withdrawal
8. As a consumer, you have a right of withdrawal. This is governed by our Cancellation Policy.
10. § 7 Contract language
11. The contract language is exclusively German.
12. § 8 Liability
13. (1) Subject to the following exceptions, our liability for contractual breaches and tort is limited to intent or gross negligence.
14. (2) We are liable for slight negligence in the case of injury to life, limb, or health or in the breach of an essential contractual obligation without restriction. 15. If we are in delay with performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property and financial damages is limited to the 16. typical foreseeable damage 17. limited. 18. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible at all, whose breach endangers the achievement of the contractual purpose, and on which you can regularly rely. 19. This particularly includes our obligation to act and fulfill the contractual service, as described in § 3.
20. § 9 Warranty
21. (1) The warranty is governed by the statutory provisions.
22. (2) For entrepreneurs, the warranty period for delivered goods is 12 months.
23. (3) As a consumer, you are asked to immediately check the item/digital goods or the service provided for completeness, obvious defects, and transport damages upon fulfillment of the contract and to inform us and the freight forwarder of complaints as soon as possible. 24. Failure to do so will, of course, have no effect on your statutory warranty rights.
25. § 10 Final provisions / Dispute resolution
26. (1) German law applies. 27. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (principle of favorability).
28. (2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly excluded.
29. (3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
30. (4) The European Commission provides a platform for online dispute resolution (ODR), which you can access ater https://ec.europa.eu/consumers/odr to participate in a dispute resolution procedure before a consumer arbitration board, we are not obliged and not willing. Notice obligation under the Consumer Dispute Resolution Act (VSBG):
